Los Angeles daily herald., 1887-03-18

Odd Fellows Hall. Did not know wht
it was. Never told anyone to go tc
Wells and get one.
John Miner testified that he had
known Major Bell since 1866. Knew
that he had taken his wife away on
account of sickness. She had baby
and came back cured. The sickness
was incident to the birth of the child.
Cross.examine ed--His wife told him
| what the cause WIS.
Walter Moore testified that he had
several copies OF the pamphlet. Mr..
Landell had given them to him. Mr..
Wells never gave him any. Never told
anyone that Mr.. Wells gave him any to
his recollection. Might have seen
copies in the hands OF Colonel Wells:
Wanted to fiad out who printed it. Did
not see it in the Times. 81 have no
doubt it would be in the Times"
w. H. Seamen testified be had seen q
pamphlet similar to the one in evidence,
in the Nadeau House, at the headquar.
ters of the Grand Army of the Republic.
The copies l saw had no postotfice mark
on them. Talked to Wells about it in
the Encampment. 1t was Il general con-
versation. He said the man who issued
the pamphlet was in the city, and was
prepr red to substan tiate the statements
contained therein. My impression is that
some one handed it to me the evening
before. Never saw a copy of the PAM
phlet in the hands of Captain Thornton.
Cross. s.examined-Major Bell was not
candidate for any office. Never heard
that he was. Major Bell brought the
matter before the Encampmenr. He
stated that an anonymous circular had
been distributed that would injure him,
aud he wanted his military record
read. A committee was appointed to
investigate the matter. Some one OBJ.
iected to the matter, and insisted that
If Major Bells military record had been
impugned, he had a right to be heard.
Major Bell offered to name the perpe.
traitors, and he was not permitted.
Recess until l 80 o'clock.
AFTERNOON SESSION.
Officer W. II. Gilbert testified that he
knew A. M. Thornton. Heard him say
something of publishing life of Horace
Bell. 1t was a little after the trouble
with him at the courthouse. saw Cap
tain Thornton and several other gentle
men talking. l stepped up and the other
man said, "Major Bell was never any.
thing but Sergeant.Msjor," Captain
Thornton said, "Yes, We are getting his
record and will have Unpublished. That
was the substance of what he said
Never saw that pamphlet.
Major Horace Bell, recalled, stated
that he had not produced the copies of
the Porcapine desired by the defense.
Counsel for the defense desired the
Court to force the papers to be brought
to court, but in the midst of the argu-
ment as to the power of the Court and
the relevancy of the testimony it was
desired to introduce, the witness was
withdrawn and MIR. Lazare substituted
Mr.. s. Lazare testified that he knew
Horace Bell. Had known him and his
wife since they came to the country.
Remember when he took his wife to San
Francisco. Went up at the same time.
Mrs. Bell was sick. Did not pay par
ticular attention to Mr.. Bells conduct
to Mrs. Bell on the boat. He seemed
to take great deal of care of her.
Cross. examination-Mrs. Bell walked
to the train herself, l think. There
was no one else along that l know of.
THE "PoRcUPINE" QUESTION.
x EArgument on the question of produc-
ing the file of the Porcupine was re-
sumed, counsel for the prosecution TAX
ing the ground that it was not material
evidence in the case aud irrelevant.
During this argument Mr.. Dupuy, of
counsel for the prosecution, paid Hon.
J. d. Lynch and the HERALD a COM
pliment which was appreciated by all in
court.
The Court, upon the defense refusing
to state what they desired to prove by
the files of the Porcupine, refused to
enforce the subpoena. and the defend
ants attorneys declined to further cross.
examine the witness.
The prosecution here closed its case.
Defendants attorney moved that the
defendants be discharged on the ground
that the proof introduced by the prose-
cution did not constitute crime, and
that no case was made out. This, he
said, was true as to one of the defend
ants, G.. Wiley Wells, about whom no
testimony was introduced showing that
he had distributed single pamphlet, or
that he had anything to do with it in
any particular.
After considerable argument Justice
Taney decided to grant the motion as to
Mr.. G. Wiley Wells, and denied it as to
Stephens and Thornton.
The defense offered no evidence, and
Justice Taney fixed their bail at $1,000
each.
The examination of Messrs. Wells,
Stephens and Thornton on other
charges, as published heretofore in the
HERALD, was set for Thursday, March
3lst.
ANOTHER COMPLAINT.
Before the court adjourned the Con.
stable serve upon d. A. Stephens an.
other warrant, issued on a complaint
sworn out by Major Horace Bell, charg.
ing him with criminal libel for having
published in the Pomona Progress on
the 10th instant the following words:
at was a common report at the time his
wife went crazy that it was just subse
quent to confinement she detected him
en- tlayrdnts delicto with female negro
servant"
nj Inn.